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Wife filed Temp. Restraining order but didnt serve me

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Jhuman

Junior Member
What is the name of your state? California

My wife filed a Temporary Restraining Order but has not been able to serve me.

In the order she is asking the judge to grant her full custody and give me only supervised visits and made a bunch of false accusations to back up her need for this. she is claiming that I have been abusive to our 2 year old daughter but its all lies.

Can the Judge grant her the restraining order and make custody orders without her serving me.
I have filed for a dissolution of our marriage because this is not the first time she has done this.
About a year and a half ago she tried to get one but my response must of scared her because she manipulated me into believing that she wanted to reconcile with me on the day of the hearing and neither of us went and the case was dropped.

She is currently pregnant with my second child from her.:(
 


CJane

Senior Member
What is the name of your state? California

My wife filed a Temporary Restraining Order but has not been able to serve me.

In the order she is asking the judge to grant her full custody and give me only supervised visits and made a bunch of false accusations to back up her need for this. she is claiming that I have been abusive to our 2 year old daughter but its all lies.

Can the Judge grant her the restraining order and make custody orders without her serving me.
I have filed for a dissolution of our marriage because this is not the first time she has done this.
About a year and a half ago she tried to get one but my response must of scared her because she manipulated me into believing that she wanted to reconcile with me on the day of the hearing and neither of us went and the case was dropped.

She is currently pregnant with my second child from her.:(
What was the response that scared her?
 

moburkes

Senior Member
She can't serve you. That would violate the orders. But, apparently you are aware of the restraining order.
 

CdwJava

Senior Member
Before you can be charged with the violation, there has to be "good service". The TRO will be served by either someone not a party to the order, a licensed process server, a marshal or deputy, or maybe even law enforcement. There are also other ways to get good service (such as posting it in the legal ads in the paper) if you are in the wind and your address is unknown.

Since you know about it I can only suppose you are not in hiding.

- Carl
 

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